24 May 2023

Public Service Alliance of Canada v. House of Commons

Firms involved

RavenLaw LLP, Emond Harnden LLP

Applicant

PUBLIC SERVICE ALLIANCE OF CANADA
Law Firm
RavenLaw LLP
Lawyer(s)

Andrew Astritis

Simcha Walfish

Respondent

HOUSE OF COMMONS
Law Firm
Emond Harnden LLP
Lawyer(s)

Carole Piette

Jean-Michel Richardson

  • The application reviewed an April 21, 2021, arbitral award by the Federal Public Sector Labour Relations and Employment Board.
  • The Board rejected an appendix proposal for the House of Commons employees' collective agreement.
  • The proposal offered $2,500/member for damages from the Phoenix pay system, mirroring a 2020 Phoenix settlement with the Treasury Board.
  • The review's standard was reasonableness.
  • The applicant deemed the award unreasonable, feeling the Board overlooked the issues faced by House of Commons employees.
  • They argued that the Board misunderstood the 2020 settlement, which didn't require evidence of stress for damages.
  • As evidence, they cited Canada Revenue Agency employees who received a lump sum without proving Phoenix-related stress.
  • The Court found the applicant's arguments lacking; the Board's decision appeared reasonable.
  • Citing Vavilov, decisions should be coherent and justifiable.
  • The Board's authority in interest arbitration was emphasized, noting the importance of finality in labor cases.
  • The decision indicated the Board made a considered, rational choice.
  • The Court noted insufficient proof that House of Commons employees had comparable stress to core public administration employees.
  • The applicant's request for the Court to re-evaluate evidence exceeded the Court's role.
  • Ultimately, the Court dismissed the application for judicial review, imposing costs.

Court

Federal Court of Appeal

Case Number

A-122-21

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

30 April 2021

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